Additional Coverage:
Menendez Brothers Resentencing to Proceed Amid Revelations of Prison Misconduct
A judge ruled on Friday that the resentencing hearing for Erik and Lyle Menendez will move forward on May 13 and 14. The decision comes amid newly revealed details about the brothers’ behavior while incarcerated.
Friday’s hearing centered on whether a recently completed risk assessment by the California Board of Parole should be considered in the resentencing. The assessment, part of a separate clemency bid by the brothers, was requested by Governor Gavin Newsom. Judge Michael Jesic indicated that while he would consider some of the assessment’s findings, the information was preliminary and the psychologists who conducted the examinations could not be cross-examined.
The risk assessment, which deemed the brothers a moderate risk to the public if released, revealed numerous prison violations, including the possession of illegal cell phones. District Attorney Nathan Hochman emphasized Erik Menendez’s possession of a phone as recently as January, during the resentencing process.
The assessment also alleges Erik Menendez’s involvement in drug dealing and tax fraud, and describes Lyle Menendez as narcissistic. Despite these findings, Judge Jesic appeared to downplay their significance.
The assessment likely also includes positive aspects of the brothers’ prison records. Former District Attorney George Gascón previously commended the brothers for pursuing education, rehabilitation, and establishing programs for fellow inmates.
Defense attorney Mark Geragos withdrew a motion to disqualify Hochman from the case. Geragos had previously raised concerns about Hochman’s background and alleged the DA had hired a public relations firm to target the brothers. Hochman denied the allegations, stating the firm was retained for his election campaign and ceased work after his November victory.
This latest hearing follows an April 17 court appearance originally scheduled as the resentencing hearing. The district attorney’s office requested a postponement due to a delay in obtaining the risk assessment report. Hochman, who opposes the brothers’ release, argued for the assessment’s inclusion in the resentencing, while Geragos preferred it be reserved for the June 13 parole hearing.
Geragos indicated he will present seven witnesses, including two experts, at the upcoming resentencing hearing, reduced from his initial plan of 20.
Erik and Lyle Menendez are serving life sentences without parole for the 1989 murders of their parents. They have garnered support from over 20 family members in their bid for release.
The resentencing effort gained traction in October when Gascón expressed support for resentencing the brothers to a sentence making them immediately eligible for parole. However, Hochman, who defeated Gascón in the November election, subsequently filed a motion to withdraw the resentencing petition, a request denied by the judge.